However, at the temporary orders phase, such a report is unavailable. Such evidence could include:. Like most other jurisdictions, California is an income share state which basically apportions child support based on the standard of living the children would have if their parents were married and living together, on the theory that anything else basically punishes the children.
Rule 43 Interim Maintenance Pending Divorce - Family law
The guideline amounts are presumptively reasonable, and the actual formula used to determine this amount is quite complicated. The primary factors are:.
Essentially, the income shares model generates a total support obligation, and the judge divides that obligation proportionally between the parents. Even under this system, child support is a relatively mechanical process in most cases, so accurate decisions are possible with limited discovery.
Because of the compressed time frame, no judges make long-term spousal support decisions this early in the process. Instead of the factors usually associated with alimony, such as the length of the relationship and the standard of living during the marriage, judges only seek to preserve the financial status quo until the divorce is finalized.
California Law Provides for an Automatic Restraining Order to Protect Your Rights
Temporary alimony is not automatic, as the obligee must still demonstrate a financial need. Imputed income sometimes complicates matters, because obligors cannot refuse to work to avoid paying family support obligations. The temporary orders set the stage for final resolution. Despite the blanket prohibition on the sale of any property during divorce, a spouse may petition the court for permission to liquidate assets if one of the exceptions applies.clublavoute.ca/sojoc-sitios-para.php
Understanding Interim Orders In Divorce Cases
Often San Diego divorce attorneys use this provision to acquire a court order for the sale of the marital residence. The average middle class family owns no more than two pieces of real property. Thus, if their home has equity and is at risk of foreclosure, the court will likely order it sold as the risk of foreclosure is probably unreasonable.
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On the other hand, if the couple owns twenty investment properties, the court may be less inclined to order the sale of one over the objections of one of the parties. Divorce is a complicated matter. Don't settle for less when determining your rights.